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AnthonyM6 (Tennessee)
Posts: 2
Posted:
I bought a lot in a new subdivision in 2002 (There are 40 lots total.) The CCR documents at the time of purchase was that after 25 lots were sold, the developer was to turn over to the Homeowners.
He did not. He as the Board then decided to merge our subdivision association with 3 others that he also controlled, creating one large association in 2008. He changed the CCR for the large association to that he would keep control of the Board until he sold 75% of in each subdivision. Our subdivision is completely sold, but the other 3 are still under 75%.
He sold his company to new group that are now the developer. They raised the association dues almost $900 immediately. They are using the money to make improvements in the other subdivisions.

Can a developer change the CCR turnover terms after you buy the property?
What prevents the developer while controlling the board from adding other subdivisions into the association and using our money to fund & enhance their common areas where he is trying to sell property?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Back to step one.

Did the declarant change the whatevers before he reached the turnover point?

My belief is if yes, then he could do so.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Anthony

I hate the no edit feature.

Most docs are written such that while the declarant is in control, they can do as they jolly well please to do.

You said 40 lots and turnover at 75%. This means the declarant was in control until he sold (as in closed on) the 30th lot which is 75% of 40. Some might argue he was still in control until he sold the 31st lot, thus passing 75%.

Hope this helps.

CarolR11 (Colorado)
Posts: 2,563
Posted:
What do your original CCr's say about amending them, Anthony? Ours, which still are the 2001 originals, say that the CC&Rs cannot be amended without 67% approval from HOA Members (h'owners).
AnthonyM6 (Tennessee)
Posts: 2
Posted:
Thank you for the responses.

The 1999 CCR document that was in effect when I purchased in 2002 said that the owners will take over the HOA after 25 lots being sold.

He had sold 36 of the 40 by 2008 when he had still not turned over the HOA. It is a 2nd home community for many, most lots are not improved, and the county records are not available online. No one was informed that the 25 lot quota was reached or that he filed an amended CCR merging associations and changing HOA turnover requirements after already selling the more than 25 lots.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By AnthonyM6 on 07/22/2012 7:00 PM
The 1999 CCR document that was in effect when I purchased in 2002 said that the owners will take over the HOA after 25 lots being sold.

He had sold 36 of the 40 by 2008 when he had still not turned over the HOA. It is a 2nd home community for many, most lots are not improved, and the county records are not available online. No one was informed that the 25 lot quota was reached or that he filed an amended CCR merging associations and changing HOA turnover requirements after already selling the more than 25 lots.

Anthony,

The CC&R's are a contract between the developer and all those who purchase property subject to them.

First you will need to make a visit to the courthouse and find all amended CC&R's, if any.

If your developer made no amendments to the CC&R's before he sold that 25th lot, your developer had no right to control your association after that time. You will need to consult an attorney, but there seems to be breach of contract claim.

Developers often give themselves superior voting power but I have yet to find an authority that says that their voting power to control the association extends to being permited to unilaterally amend the CC&R's. Usually CC&R's can be amended with the approval of certain percentage of the property owners and not by a percentage of votes. Even if the developer controlled the association, he would normally have no authority to impose a different set of CC&R's on his buyers without the required percentage of owners approving.

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